senate Bill S7535

Signed By Governor
2013-2014 Legislative Session

Relates to applications to modify orders of child support in the family court

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A9464 -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2014 signed chap.373
Sep 11, 2014 delivered to governor
Jun 12, 2014 returned to assembly
passed senate
3rd reading cal.1355
substituted for s7535
Jun 12, 2014 substituted by a9464
Jun 11, 2014 ordered to third reading cal.1355
committee discharged and committed to rules
May 15, 2014 referred to judiciary

S7535 - Details

See Assembly Version of this Bill:
A9464
Law Section:
Family Court Act
Laws Affected:
Amd ยง451, Fam Ct Act

S7535 - Summary

Relates to applications to modify orders of child support in the family court.

S7535 - Sponsor Memo

S7535 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7535

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend  the family court act, in relation to applications to
  modify orders of child support in the family court

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 451 of the family court act, as amended by chapter
182 of the laws of 2010, is amended to read as follows:
  S 451. Continuing jurisdiction.  1.  Except  as  provided  in  article
five-B  of  this  act,  the  court  has continuing jurisdiction over any
support proceeding brought under this  article  until  its  judgment  is
completely  satisfied  and  may  modify,  set  aside or vacate any order
issued in the course of the  proceeding,  provided,  however,  that  the
modification,  set  aside  or  vacatur  shall  not reduce or annul child
support arrears accrued prior to the making of an  application  pursuant
to  this  section. The court shall not reduce or annul any other arrears
unless the defaulting party shows good cause for failure to make  appli-
cation  for relief from the judgment or order directing payment prior to
the accrual of the arrears, in which case the  facts  and  circumstances
constituting  such good cause shall be set forth in a written memorandum
of decision. A modification may increase support payments nunc pro  tunc
as  of  the  date  of the initial application for support based on newly
discovered evidence. Any retroactive amount of support due shall be paid
and be enforceable as provided in section four  hundred  forty  of  this
article.  Upon  an application to [modify,] set aside or vacate an order
of support, no hearing shall be required unless such  application  shall
be  supported  by affidavit and other evidentiary material sufficient to
establish a prima facie case for the relief requested.
  2. A PROCEEDING TO MODIFY AN ORDER OF SUPPORT SHALL  BE  COMMENCED  BY
THE FILING OF A PETITION WHICH SHALL ALLEGE FACTS SUFFICIENT TO MEET ONE
OR MORE OF THE GROUNDS ENUMERATED IN SUBDIVISION THREE OF THIS SECTION.
  3.  (a)  The  court may modify an order of child support, including an
order incorporating without merging an agreement or stipulation  of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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